1 - SERVICES AND CONTRACT FORMATION:
These General Terms of Service, together with the additional terms and conditions contained in the Service Orders, govern the provision to customers of the services offered by SoluzioniPhP – VAT No. 08718010963. Contracts between SoluzioniPhP and the Customer relating to individual Services shall be deemed concluded upon receipt by SoluzioniPhP of payment of the Fees for the relevant Services.
2 - DURATION AND RIGHT OF WITHDRAWAL:
Pursuant to Art. 5 of Legislative Decree 185/1999, these General Terms of Service are of indefinite duration, unlike the contracts relating to individual Services, which shall have the duration specified in the relevant Service Orders.
SPECIAL NOTICE FOR CONSUMERS
A Customer who is a natural person requesting a service for purposes unrelated to their professional activity (“Consumer”) shall have the right to freely withdraw from these General Terms of Service and/or from an individual Service Order within ten working days following the conclusion of the relevant contract, pursuant to and for the purposes of Art. 5.1 of Legislative Decree 185/1999. Withdrawal must be exercised by written notice via certified email to be sent to SoluzioniPhP at soluzioniphp@legalmail.it. Following withdrawal by the Customer in compliance with the above and within 30 days from the date of withdrawal, SoluzioniPhP shall refund any amounts paid by the Customer. The full text of Legislative Decree 185/1999 is available at http://www.parlamento.it/parlam/leggi/deleghe/99185dl.htm. The Customer acknowledges that the right of withdrawal pursuant to the aforementioned Art. 5 of Legislative Decree 185/1999 may not be exercised in relation to service supply contracts whose performance has begun before the expiration of the said ten days or where the Customer is not a Consumer. By way of example and not limitation, the Customer acknowledges that the initiation of the domain name registration procedure, as well as the activation of email accounts and web space, constitute “service provision” pursuant to Art. 5 of Legislative Decree 185/1999. The Customer is always free to withdraw from a Service Order in accordance with the above. The Customer agrees that withdrawal from these General Terms of Service shall have no effect where a contractual relationship relating to a Service Order is pending between the Customer and SoluzioniPhP. Therefore, if the Customer intends to withdraw from these General Terms of Service, they must previously or simultaneously withdraw, where possible, from any Service Orders in force at the time of the withdrawal notice.
3 - REQUEST FOR SERVICES ON BEHALF OF THIRD PARTIES:
In the event that the Customer (or, for the purposes of this article, the Reseller) requests services offered by SoluzioniPhP on behalf of third parties (end customers):
a) The Reseller undertakes to have end customers approve and comply with the obligations set forth in these General Terms of Service as well as those contained in the Service Order relating to the requested service. For domain name registration requests, the Reseller undertakes to inform and ensure compliance with the Registration rules and technical procedures. Furthermore, the Reseller undertakes to inform the end customer of, and ensure compliance with, the obligations under Art. 7 of this contract. The Reseller shall remain solely responsible towards SoluzioniPhP for the consequences referred to in Art. 7, with the right to seek recourse against the end customer.
b) The Reseller undertakes and guarantees that end customers shall enter into an appropriate contract in relation to each Order. The Customer hereby declares and guarantees that Orders shall not violate third-party rights. In particular, in the case of domain name registration requests, the requests shall relate to domain names for which the registering end customer has expressly declared that they hold all rights.
c) The Reseller undertakes to keep both its own data and that of end customers up to date, promptly notifying SoluzioniPhP of any changes.
d) The Reseller undertakes to ensure compliance with privacy laws and to inform the domain name assignee accordingly, including with regard to data to be communicated to the Authority.
e) The Reseller undertakes to forward to its customer any service communications that SoluzioniPhP deems appropriate to communicate. The Reseller shall be directly responsible towards the end customer and towards SoluzioniPhP in the event of failure to send the information referred to in this section. Only in cases provided for by the Registration Authority and expressly requested by it may SoluzioniPhP contact end customers directly for the transmission of information, which shall not be of a commercial nature.
The Reseller guarantees that purchases made on behalf of third-party end customers, or any activities carried out by the Reseller on their behalf, shall be performed solely following authorization from the end customer. The Reseller shall be solely responsible and agrees to indemnify SoluzioniPhP against any consequences arising from unauthorized purchases of SoluzioniPhP services and/or products by third parties. The Reseller assumes all responsibility in relation to Orders submitted to SoluzioniPhP and undertakes to indemnify and hold harmless SoluzioniPhP, other SoluzioniPhP Group companies, and SoluzioniPhP agents from any third-party claims relating to or connected with the execution of the Contract and/or breaches by the Reseller or Registrant of the obligations, representations, and warranties set forth herein.
4 - USER ID AND PASSWORD:
When completing service registration procedures, the Customer undertakes to provide accurate and truthful personal data and to promptly notify SoluzioniPhP of any changes. In the event of inaccurate or incomplete data, SoluzioniPhP reserves the right to refuse activation and/or suspend the service until such deficiencies are remedied, including where competent authorities (e.g., banks or credit card issuers) dispute payments. Upon the first request for service activation, SoluzioniPhP shall assign the Customer a User ID and Password, which constitute the sole means of access validation. All actions carried out using such credentials shall be attributed to the Customer and shall be binding upon them. The Customer is solely responsible for safeguarding their credentials and undertakes not to disclose them to third parties. The Customer accepts that electronic records maintained by SoluzioniPhP and/or its suppliers may be used as evidence before any competent authority.
5 - NATURE OF SERVICES – FEES AND PAYMENTS:
The nature and type of Services provided are described in the relevant Service Orders. Fees and payment terms are those specified therein or in attached offers and are exclusive of VAT unless otherwise stated. Payments shall be made by credit card during registration. Following online payment, SoluzioniPhP shall issue an invoice. For automatically renewed services, the list price in effect at the renewal date shall apply. In the event of late payment, SoluzioniPhP may suspend services and charge default interest at the legal rate plus nine percentage points, without prejudice to the right to claim further damages.
Payment by Bank Transfer
Payment by bank transfer is accepted only if the following procedure is strictly followed:
1. A request must be submitted via ticket in the User Area
2. The request must be approved by administrative staff
3. Upon approval, banking details and instructions will be provided
4. Instructions must be strictly followed
5. Proof of transfer must be sent two days before service expiration
Bank transfers not complying with the above rules will not be accepted and will be returned to the sender; consequently, no renewal will be processed
6 - AMENDMENTS TO THE GENERAL TERMS OF SERVICE AND/OR SERVICE ORDERS:
SoluzioniPhP reserves the right to amend these General Terms of Service and/or Service Orders with at least 30 days’ notice via email or site announcements. If amendments significantly reduce services, the Customer may withdraw within the same 30-day period, failing which the changes shall be deemed accepted.
7 - USE OF SERVICES AND CUSTOMER LIABILITY:
The Customer undertakes to use the Services lawfully, comply with applicable laws and netiquette rules, and refrain from unlawful content, spamming, piracy, or harmful activities. SoluzioniPhP may suspend services in case of violations and terminate the contract if issues are not promptly remedied. The Customer shall indemnify SoluzioniPhP against all claims arising from misuse of services.
7.1 - USE OF HOSTING SPACE AS REMOTE STORAGE:
Hosting space may be used as remote storage only under specified conditions regarding file types, backups, and limitations. Email accounts may not be used as archival storage.
8 - COMMUNICATIONS BETWEEN THE PARTIES:
Communications shall be made via email unless otherwise specified.
9 - INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS:
SoluzioniPhP retains ownership of all intellectual property created in connection with the Services, granting the Customer only a limited, non-transferable right of use.
10 - LIMITATION OF LIABILITY:
SoluzioniPhP shall not be liable for service interruptions or damages caused by force majeure, third-party actions, or Customer misuse. SoluzioniPhP shall not be liable for indirect or consequential damages, including loss of profit.
11 - EXPRESS TERMINATION CLAUSE:
SoluzioniPhP may terminate the contract pursuant to Art. 1456 of the Italian Civil Code in case of breach of Arts. 4, 5, 7, and 7.1, without prejudice to accrued fees and damages.
12 - GOVERNING LAW AND JURISDICTION:
This Contract is governed by the laws of the Italian Republic. The Court of Cremona shall have exclusive jurisdiction over any dispute arising from or related to this Contract.